GOVERNMENT OF MAHARASHTRA

LAW  AND  JUDICIARY  DEPARTMENT

BOMBAY  ACT  No.  LII  OF  1956

THE  MAHARASHTRA  LEGISLATURE  MEMBERS
(REMOVAL  OF  DISQUALIFICATIONS)  ACT

(As modified upto the 19th June 2018)

V

PRINTED  IN INDIA  BY  THE MANAGER,  GOVERNMENT  CENTRAL  PRESS, CHARNI  ROAD,
MUMBAI 400 004 AND PUBLISHED BY THE DIRECTOR, GOVERNMENT PRINTING,
STATIONERY  AND  PUBLICATIONS,  MAHARASHTRA  STATE,  MUMBAI  400  004

2018

[ Price :  Rs.  23 ]

1956 : Bom. LII]

(i)

THE  MAHARASHTRA  LEGISLATURE  MEMBERS
(REMOVAL  OF  DISQUALIFICATIONS)  ACT

CONTENTS

PREAMBLE.

SECTIONS.

1.

2.

3.

4.

Short title and commencement.

Removal of certain disqualifications.

Temporary provisions.

Repeal.

SCHEDULE  I.

SCHEDULE  II.

—————

PAGES

2

2

2

2

(G.C.P.) H 578—1 (4076–7-2018)

1956 : Bom. LII]

1

BOMBAY ACT No. LII OF 19561.

[THE MAHARASHTRA LEGISLATURE MEMBERS (REMOVAL OF DISQUALIFICATIONS) ACT]

(This Act received the assent of the Governor on the 12th December 1956 ;
assent  was  first  published  in  the  Bombay Government  Gazette,  Part  IV,  on  the
17th December 1956.)
Amended by Bom. 52 of 1958.
Adapted and modified by the Maharashtra Adaptation of Laws (State and Concurrent
Subjects) Order, 1960.
Amended by Mah. 3 of 1962.
Amended by Mah. 15 of 1962.
Amended by Mah. 23 of 1963.
Amended by Mah. 2 of 1964.
Amended by Mah. 10 of 1964 read with Bom. 69 of 1948.
Amended by Mah. 28 of 1965.
Amended by Mah. 4 of 1975 (26-1-1975).†
Amended by Mah. 28 of 1977(5-12-1977).†
Amended by Mah. 7 of 1978(26-12-1977).†
Amended by Mah. 15 of 1980.
Amended by Mah. 23 of 1980 (24-11-1980)†£
Amended by Mah. 38 of 1981 (20-7-1981)†@
Amended by Mah. 44 of 1981 (29-7-1981)†@@
Amended by Mah. 6 of 1993 (30-12-1993)†££§
Amended by Mah. 1 of 1996(8-6-1995)†*
Amended by Mah. 13 of 2001 (15-12-1999)†**
Amended by Mah. 56 of 2017(7-9-2017)†

An Act to provide for the removal of certain disqualifications or being
chosen as, and for being, a member of 2[the Maharashtra Legislative
Assembly and the Maharashtra Legislative Council].

WHEREAS by the Constitution of India provision has been made for declaring
by Act of the State Legislature any office of profit under the Government of India or
the Government of any State specified in the First Schedule to the said Constitution
not to disqualify its holder for being chosen as and for being a member of a State
Legislature ;

1

2

†

£

For Statement of Objects and Reasons, see Bombay Government Gazette, 1965, Part V,
pages  345-46.

These  words  were  substituted  for  the  words  “ the  Bombay  Legislative  Assembly  and  the
Bombay Legislative Council ” by Mah. 15 of 1980, Schedule.

This indicates the date of commencement of the Act.

Maharashtra Ordinance No. XIV of 1980 was repealed by Mah. 23 of 1980, s. 3.

@ Maharashtra Ordinance No. VII of 1981 was repealed by Mah. 38 of 1981, s. 3.

@@ Maharashtra Ordinance No. IX of 1981 was repealed by Mah. 44 of 1981, s. 6.

££ Maharashtra Ordinance No. XVII of 1992 was repealed by Mah. 6 of 1993, s. 4.

§

Section 3 of Mah. 6 of 1993 reads as under :—

“ 3. For the removal of doubt it is hereby declared that the office of the Executive President
of the Maharashtra State Planning Boards, in so far as it is an office of profit under the State
Government, shall not disqualify or shall be deemed never to have disqualified the holder
thereof  for  being  a  member  of  the  Maharashtra  Legislative  Assembly  notwithstanding  the
fact that he has availed himself of the facilities provided by the State Government, such as,
rent free residential accommodation, telephone at the residence and office, chauffeur driven
car and travelling and daily allowances for journeys on official tours. ”.

Removal of
doubt.

*

Maharashtra Ordinance No. XI of 1995 was repealed by Mah. 1 of 1996, s. 3.

** Maharashtra Ordinance No. V of 2001 was repealed by Mah. 13 of 2001, s. 4.

H  578—1a

2

Maharashtra Legislature Members (Removal of
Disqualifications) Act.

[1956 : Bom. LII

AND WHEREAS, it is expedient to make such declaration ; It is hereby enacted

in the Seventh Year of the Republic of India as follows :—

1.

1[(1)  This  Act  may  be  called  the  Maharashtra  Legislature  Members

(Removal of Disqualifications) Act.]

(2) It shall be deemed to have come into force on the 1st day of November

Short title and
commence-
ment.

1956.

Removal of
certain
disqualifications.

2. A person shall not be disqualified for being chosen as, or for being a member
of, the 2[Maharashtra Legislative Assembly] or the 3[Maharashtra Legislative Council]
merely by reason of the fact that he holds any of the offices specified in Schedule I
appended hereto.

Temporary
provisions.

3. For the removal of doubt, it is hereby declared that a person deemed to
have been elected or chosen as a member of the Bombay Legislature under section
28 or section 34 of the States Reorganisation Act, 1956 shall not be deemed to be
disqualified  for  being  elected  or  chosen  as,  or  for  being,  a  member  of  the  said
Legislature merely by reason of the fact that he holds an office declared, by any of
the Acts specified in Schedule II or any other law in force immediately before the 1st
day of November 1956, to be an office of profit which.shall not disqualify the holder
for being elected or chosen as, or for being, a member of a State Legislature.

Repeal.

4. The Bombay Legislature Member (Removal of Disqualification) Act, 1951,

is hereby repealed.

XXX VII
of 1956.

Bom.
XXV of
1951.

SCHEDULE  I*
(See section 2)

1. The  office  of  the  Parliamentary  Secretaries  to  the  Ministers  of  the

4[Government of Maharashtra].

2. The office of part-time professors or lecturers in a Government college.

3. Any office in the National Cadet Corps, the Territorial Army, the Air Defence

Reserve and the Auxiliary Air Force.

4. Any office in the Home Guards.

5. Any office in a village defence party (by whatever name called) constituted

by or under the authority of the State Government.

5 *

*

*

*

*

7. The office of the Secretaries of the District or Regional Development Boards

constituted by the State Government (by whatever name called) :

Provided that the holders of such office do not hold any other office of profit

under the State Government.

8. Any office under an insurer the management of whose controlled business
has  vested  in  the  Central  Government  under  the  Life  Insurance  (Emergency
Provisions) Act, 1956.

IX of
1956.

1 Sub-section (1) was substituted by Mah. 15 of 1980, Schedule.
2

These  words  were  substituted  for  the  words  “  Bombay  Legislative  Assembly ”  by  the
Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, I960.

3 These words were substituted for the words “ Bombay Legislative Council ”, by the Maharashtra

Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

* See also section 6(4) of Mah. 37 of 1961.
4 These  words were  substituted for  the words  "Government  of Bombay"  by the  Maharashtra

Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

5 Entry 6 was deleted by Mah. 2 of 1964, s. 3.

1956 : Bom. LII]

Maharashtra Legislature Members (Removal of
Disqualifications) Act.

3

IX of
1956.

Explanation.—For  the  purpose  of  this  entry,  the  expressions  “ controlled
business ”  and  “ insurer ”  shall  have  the  meanings  assigned  to  them  in  the  Life
Insurance (Emergency Provisions) Act, 1956.

9. The office of an Honorary Medical Officer or Honorary Assistant Medical

Officer in a hospital under Government management.

1[9A. The office of Chairman or member of the committee of any co-operative
society (which is registered or deemed to be registered under any law for the time
being  in  force  relating  to  the  registration  of  co-operative  societies)  to  which
appointment is made by the State Government, or the office of the liquidator or joint
liquidator to which appointment is made by the Registrar of co-operative societies,
or the office of nominee of the Registrar whether appointed individually or to a board
of nominees].

Bom. XL
of 1953.

10. The office of the Chairman or member of the 2[Labour Welfare Board]

constituted under the *Bombay Labour Welfare Fund Act, 1953.

3[10A.  The  office  of  a  member  of  the  Maharashtra  Industrial  Development
Corporation  nominated  under 4[clause  (d),  (e),  (f)  or  (h)  of  section  4]  of  the
Maharashtra Industrial Development Act, 1961, by reason only of his holding such
office].

Mah. III
of 1962.

5[10B. The office of a member (including the Chairman, Vice-Chairman, Member-
Secretary) of the Maharashtra State Khadi and Village Industries Board, or of the
Maharashtra  State  Khadi  and  Village  Industries  Council  constituted  under  the
**Bombay Khadi and Village Industries Act, 1960 or the office of a member of any
committee constituted under that Act.]

Bom.
XIX of
1960.

11. The office of the Chairman or member of any Committee or body appointed

by the Central or State Government :

Provided that the Chairman or any member of such committee or body does

not receive any remuneration other than the compensatory allowance.

Explanation.—For the purpose of this entry, “ compensatory allowance ” shall
mean the travelling allowance, the daily allowance or such other allowance which is
paid to the holder of the office for the purpose of meeting the personal expenditure in
attending the meeting of the committee or body or in performing any other functions
as the holder of the said office.

6[12. The office of an examiner for any examination held by the Central or
State Government or by the Union Public Service Commission or the 7[Maharashtra
Public Service Commission.]

1 Entry 9A was inserted by Mah. 23 of 1963, s. 3.
2 These words were substituted for the words “ Bombay Labour Welfare Board ” by the Maharashtra

Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

3 Entry 10A was inserted by Mah. 3 of 1962, s. 69.
4 These words, brackets, letters and figures were substituted for the words, brackets, letters and

figures “ clause (b), (c) or (d) of sub-section (1) ” by Mah. 44 of 1981, s. 5.

5 Entry 10B was inserted by Mah. 28 of 1965, s. 39.
6 Entries 12 and 13 were added by Bom. 52 of 1958, s. 2.
7 These  words  were  substituted  for  the  words  “ Bombay  Public  Service  Commission ”  by  the

Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

* The  short  title  of  this  Act  was  amended  as  “ the  Maharashtra  Labour  Welfare  Fund  Act ”  by

Mah. 24 of 2012, Sch., entry 48, w.e.f. 1-5-1960.

** The short title of this Act was amended as “ the Maharashtra Khadi and Village Industries Act ” by

Mah. 24 of 2012, Sch., entry 84, w.e.f. 1-5-1960.

4

Maharashtra Legislature Members (Removal of
Disqualifications) Act.

[1956 : Bom. LII

13. The  following offices  held  under the  Employees’  State Insurance  Act,
1948 to provide medical benefit to insured persons under the said Act, that is to
say,—

XXXIV of
1948.

(a) the office of an Insurance Medical Practitioner,
(b) the  office  of  a  part-time  medical  officer  or  specialist  in  a  hospital,
dispensary, nursing home, maternity home or other institution established by
the Employees' State Insurance Corporation or the State Government, and

(c) the office of a medical practitioner appointed to provide medical benefit
to insured persons in any private hospital, dispensary, nursing home or maternity
home or other institution recognised for the purpose by the Employees' State
Insurance Corporation or the State Government.]

1[14. The office of the Chairman or a member or the Maharashtra State Police

Commission appointed by the State Government.]

2[15. The  Office  of  a  member  of  the  Maharashtra  Housing  and  Area
Development  Authority  (including  the  President  and  the  Vice-President  thereof)
constituted under the Maharashtra Housing and Area Development Act, 1976, or a
member  of  any  of  the  Housing  and  Area  Development  Boards  (including  the
Chairman and the Vice-Chairman thereof) established under that Act, or a member
of any Panchayat (including the Sarpanch and Upa-Sarpanch thereof) established
under that Act, by reason only of his holding such office.]

Mah.
XXXVIII
of 1977.

3[16. The office of the member (including the Chairman or Vice-Chairman) of
the Authority constituted under the *Bombay Metropolitian Region Development
Authority Act, 1974 or of any of its Committees or Boards constituted under that
Act.]

Mah. IV
of 1975.

4[17. The office of the Chairman or a member of the Maharashtra State Law

Commission constituted by the State Government.]

5[18. The office of a member (including the Chairman and the Vice-Chairman)
of the Maharashtra State Road Transport Corporation constituted under the Road
Transport Corporation Act, 1950 or of any of its committees constituted under that
Act.]

LXIV of
1950.

6[19. The office of the Chairman, Vice-Chairman or any other member of the
Board of Directors (by whatever name called) of any other Corporation, owned or
controlled by the State Government, which is not mentioned in any of the above
entries in this Schedule and to which appointment is made by the State Government.

Explanation.—For the purposes of this entry,—

(1) the expression “ a corporation ” means any body corporate and shall
include a society registered under, the Societies Registration Act, 1860, in its
application to the State of Maharashtra, or any body constituted under any law
for the time being in force ;

XXI of
1860.

(2) the expression “ a corporation controlled by the State Government ”
shall include a corporation in which not less than twenty-five per cent. of the
paid-up share capital is held by the State Government.]

1 Entry 14 was added by Mah. 15 of 1962, s. 2.
2 Entry 15 was substituted by Mah. 28 of 1977, s. 192.
3 Entry 16 was inserted by Mah. 4 of 1975, s. 10 (2).
4 Entry 17 was inserted by Mah. 7 of 1978, s. 2.
5 Entry 18 was added by Mah. 23 of 1980, s. 2.
6 Entry 19 was added by Mah. 38 of 1981, s. 2.
* The  short  title  of  this  Act  was  amended  as  "  the  Mumbai  Metropolitan  Region  Development

Authority Act " by Mah. 25 of 1995, Sch., entry (2).

1956 : Bom. LII]

Maharashtra Legislature Members (Removal of
Disqualifications) Act.
1[20. The office of the Executive President of the Maharashtra State Planning

5

Board.]

2[21. The  office  of  the Sabhapati  of  the  Freedom  Fighters  High  Power

Committee constituted by the State Government.]

3[22. The office of the Chairman of the Vidarbha Development Board, the
Marathwada  Development  Board  and  the  Development  Board  for  the  rest  of
Maharashtra, established by the Governor of Maharashtra under the Development
Boards for Vidarbha, Marathwada and the rest of Maharashtra Order, 1994, issued
in pursuance of the State of Maharashtra (Special Responsibility of Governor for
Vidarbha, Marathwada and the rest of Maharashtra) Order, 1994.]

4[23. The  offices  of  the  Chief  Whip  or  Whip  in  the  Maharashtra  State

Legislature.

Explanation.—(1) The expression “ Chief Whip ” or “ Whip ”, in relation to the
Maharashtra Legislative Assembly, means that Member of the House who is, for
the time being, declared by the party forming the Government to be the Chief Whip
or Whip in that House and recognized as such by the Speaker ; and includes a
member of the House, who, is for the time being, declared as such by the party
having at-least ten per cent. of the total members of the House and recognized as
such by the Speaker ; and

(2) the expression “ Chief Whip ” or “ Whip ”, in relation to the Maharashtra
Legislative Council, means that Member of the House who is, for the time being,
declared by the party forming the Government to be the Chief Whip or Whip in that
House and recognized as such by the Chairman ; and includes a member of the
House, who, is for the time being, declared as such by the party having at-least ten
per cent. of the total members of the House and recognized as such by the Chairman.]

SCHEDULE  II

(See section 3)

(1) The Hyderabad Legislative Assembly (Prevention of Disqualification) Act,

1955 (Hyderabad Act XVIII of l955),

(2) The Madhya Pradesh Offices of Profit (Removal of Disqualifications) Act,

1950 (Madhya Pradesh Act VII of 1950),

(3) The Saurashtra Legislative Assembly (Prevention of Disqualification) Act,

1950 (Saurashtra Act VI of l950),

(4) Section 28(5) of the States Reorganisation Act, 1956 (XXXVII of 1956).

1 Entry 20 was added by Mah. 6 of 1993, s. 2.
2 Entry 21 was added by Mah. 1 of 1996, s. 2.

3 Entry 22 was added by Mah. 13 of 2001, s. 2.
4 Entry 23 was added by Mah. 56 of 2017, s. 2.

The relevant portion of section 2 of Mah. 56 of 2017 reads as under :—
“ 2. A person shall not be disqualified or shall be deemed never to have been disqualified
for being chosen as, or for being a member of the Maharashtra Legislative Assembly or the
Maharashtra Legislative Council, merely by the reason of the fact that he holds the office of
Chief Whip or Whip, as the case may be. ”.

Prevention of
disqualification
of
membership
of State
Legislature.

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